Boarding or Rooming House -

A building, other than a hotel or multiple family dwelling, where lodging is provided to persons for compensation, and where facilities for food preparation are not provided in individual rooms. Facilities usually referred to as "bed and breakfast" arrangements are included in this definition.

Dormitory -

A building in which housing is provided for individual students under the general supervision or regulation of an accredited college or university and as distinguished from an apartment, hotel, motel, or rooming house. A dormitory may provide apartment units for guests, faculty, or supervisory personnel on a ratio not to exceed one (1) such apartment unit for each fifty (50) students for which the building is designed. Individual rooms or suites of rooms may have cooking facilities. The dormitory may include facilities such as a commissary and/or snack bar, lounge, and study area, dining halls, and accessory kitchen, recreation facilities, and laundry, provided that these facilities are for the benefit and use of the occupants and their guests and not open to the general public.

19.1.3

Duplex -

See Two Family Dwelling, Sec. 19.1.20.

19.1.4

Garden (Patio) Home -

A free-standing, detached structure used for residential purposes.

19.1.5

Guest House -

Living quarters within a detached accessory building located on the same premises with the main building, for use by temporary guests of the occupants of the premises, such quarters having no kitchen facilities and not rented or otherwise used as a separate dwelling.

19.1.6

Manufactured Housing, HUD Code -

A structure, constructed on or after June 15, 1976, according to the rules of the United States Department of Housing and Urban Development, transportable in one (1) or more sections, which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems. All references in this ordinance to manufactured housing or manufactured home(s) shall be references to HUD Code Manufactured Housing, unless otherwise specified.

19.1.7

Manufactured Home Park -

Any tract of land under single ownership of not less than two (2) acres and not more than ten (10) acres approved for occupancy by manufactured housing and accessory structures related thereto and designed and operated in accordance with standards herein set forth or as set forth in any other ordinance of the City of Pottsboro relating to the location, use, construction, operation, or maintenance of manufactured housing.

19.1.8

Manufactured Home Subdivision -

A tract of land of not less than ten (10) acres, which has been final platted of record in its entirety in accordance with the subdivision regulations of the city for occupancy primarily by HUD-Code manufactured housing and industrialized housing.

19.1.9

Mobile Home -

A structure constructed before June 15, 1976, transportable in one or more sections which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when erected on site, is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning, and electrical systems.

19.1.9A

Modular Home --

See Industrial Housing.

19.1.10

Motel, Motor Hotel, or Motor Lodge -

A building or group of buildings designed for and occupied as a temporary dwelling place, providing four (4) or more room units for compensation, and where an office and register is maintained separately and apart from any of the rooms or units provided for the customers and where the operation is supervised by a person or persons in charge at all hours. A motel, motor hotel, or motor lodge may include restaurants, club rooms, banquet halls, ballrooms and meeting rooms as accessory uses.

19.1.11

Multiple Family Residence -

Any building or portion thereof which is designed, built, rented, leased, or let to be occupied as three (3) or more dwelling units or apartments or which is occupied as a home or place of residence by three (3) or more families living in independent dwelling units.

19.1.12

Residence Hotel -

A multi-dwelling unit extended stay lodging facility consisting of efficiency units or suites with a complete kitchen suitable for long term occupancy. Customary hotel services such as linen, maid service, telephone, and upkeep of furniture shall be provided. Meeting room, club house and recreational facilities intended for the use of residents and their guests are permitted. This definition shall not include other dwelling units as defined in this ordinance.

19.1.13

Retirement Housing -

A development providing dwelling units specifically designed for the needs of ambulatory retired persons. The following subsidiary uses shall be permitted to provide on-site goods and services for residents and their guests, but are not intended for use by the general public:

cafeteria and/or dining room.

library.

game room.

swimming pool and/or Jacuzzi.

exercise room.

arts and crafts facilities.

greenhouse.

housekeeping service.

transportation service.

snack bar with a maximum of 350 square feet per 100 dwelling units.

beauty/barber shop with a maximum of 250 square feet per 100 dwelling units or a maximum of 450 square feet per 100 dwelling units.

convenience retail shop with maximum of 350 square feet per 100 dwelling units to provide for sale of food items, non-prescription drugs, small household items, and gifts.

19.1.14

Servant's, Caretaker's, or Guard's Residence -

An accessory building or portion of an accessory building located on the same lot or grounds with the main building, containing not more than one set of kitchen and bathroom facilities and used as living quarters for a person or persons employed on the premises for not less than fifty percent (50%) of his/her actual working time, and not otherwise used or designed as a separate place of abode, provided the living area of such quarters shall not exceed six hundred (600) square feet.

19.1.15

Single Family Dwelling, Attached -

A dwelling that is part of a structure containing three (3) or more dwellings, each designed and constructed for occupancy by one family, with each dwelling unit attached by a common wall to another with a minimum length of attachment of twenty (20) feet, in which each dwelling is located on a separate platted lot.

19.1.16

Single Family Dwelling, Detached -

A detached building designed exclusively for occupancy by one (1) family, excluding manufactured housing and mobile homes.

19.1.17

Townhouse or Row Dwelling -

One of a series of not less than three (3) nor more than ten (10) attached one (1) family dwellings under common roof with common exterior wall, and separated from one another by single partition walls without openings from basement to roof. No townhouse dwelling unit is to be constructed above another townhouse dwelling unit.

19.1.18

Apartments --

Apartments are apartments in any building in the MF on, the second or higher floors or, if on the ground floor is (1) not occupying the street front of the building and (2) occupied by the operator of the business which also is housed in that building.

19.1.19

Travel Trailer Park -

Any tract of land under single ownership, not less than two (2) acres nor more than ten (10) acres, where accommodation is provided for travel trailer use.

19.1.20

Two Family Dwelling -

A building designed for occupancy by two (2) individuals or families living independently of each other within separate units which have a common wall and are under one (1) roof.

19.1.21

Zero Lot Line House -

A residence allowed to have little or no side yard on one side, where the wall on that side has no doors, windows, or other openings and which otherwise qualifies for a one-hour fire rating as defined in the building code.

(Ordinance 1054 adopted 5/13/03; Ordinance 1425 adopted 2/4/19)

§ 19.2 Educational, Institutional, and Special Uses.

19.2.1

Child Care Center -

An establishment where four (4) or more children are provided care, training, education, custody, treatment, or supervision for less than 24 hours a day. The term "child care center" shall not include overnight lodging, medical treatment, counseling, or rehabilitative services and does not apply to any school. (Also see Registered Family Home.)

19.2.2

Church, Rectory, or Place of Worship -

A building for regular assembly for religious worship which is used primarily for such purpose and customary accessory activities including a place of residence for ministers, priests, rabbis, teachers, or directors on the premises. The place of residence may be a separate building.

19.2.3

Civic Center -

A building or complex of buildings that houses municipal offices and services and which may include cultural, recreational, athletic, convention and/or entertainment facilities owned and/or operated by a governmental agency.

19.2.4

College or University -

An institution established for educational purposes offering courses of study beyond the secondary education level, but excluding trade and commercial schools.

19.2.5

Community Center, Public --

A building or buildings dedicated to social and/or recreational activities, serving the city or a neighborhood and owned and operated by the city or by a non-profit organization dedicated to promoting the health, safety, morals, or general welfare of the city.

19.2.6

Community Center, Private -

A building or buildings dedicated to social and/or recreational activities serving residents of a subdivision or development which is operated by an association or incorporated group for their use and benefit; not to be a commercial, for profit, business.

19.2.7

Continuing Care Facility -

A place as defined in the Texas Continuing Care Facility Disclosure and Rehabilitation Act in which a person provides board and lodging, together with personal care services and nursing services, medical services, or other health-related services, regardless of whether the services and lodging are provided at the same location, under an agreement that requires the payment of a fee and that is effective for the life of the individual or for a period of more than one (1) year, such individual or individuals being cared for not being related by consanguinity or affinity to the person providing the care. (Also see Household Care Facility and Household Care Institution, and Personal Care Home.)

19.2.8

Country Club (Private) -

Land and buildings customarily containing a golf course and a clubhouse and available only to specific private membership; such a club may contain adjunct facilities such as private club, dining room, swimming pool, tennis courts, and similar recreational or service facilities.

19.2.9

Reserved for future use.

19.2.10

Exhibition Area -

An area or space either outside or within a building for the display of topic-specific goods or information.

19.2.11

Fairgrounds -

An area where outdoor fairs, circuses or exhibitions are held.

19.2.12

Family Home -

A community-based residential home operated by either the State of Texas, a non-profit corporation, a community center organized pursuant to State statute, or an entity which is certified by the State as a provider for a program for the mentally retarded. Family homes provide care for persons who have mental and/or physical impairments that substantially limit one or more major life activities. To qualify as a family home, a home must meet the following requirements:

Not more than six (6) disabled persons and two (2) supervisory personnel may reside in a family home at the same time.

The home must provide food and shelter, personal guidance, care, rehabilitation services, or supervision.

All applicable licensing requirements must be met.

19.2.13

Farm, Ranch, or Orchard -

An area of five (5) acres or more which is used for growing of usual farm products and/or raising of usual farm products and animals and including the necessary accessory uses for raising, treating, and storing products raised on the premises, but not including the commercial feeding of offal or garbage to swine or other animals and not including any type of agriculture or husbandry specifically prohibited by ordinance or law. Farm, ranch, or orchard use shall not cause a hazard to health by reason of unsanitary conditions and shall not be offensive by reason of odors, dust, fumes, noise, or vibrations or be otherwise detrimental to the public welfare.

19.2.14

Fraternal Organization, Lodge, or Civic Club -

An organized group having a restricted membership and specific purpose related to the welfare of the members.

19.2.15

Golf Course -

An area of twenty (20) acres or more improved with trees, greens, fairways, hazards and which may include clubhouses.

19.2.16a

Greenhouse or Plant Nursery, Commercial -

A place, often including artificially heated and/or cooled buildings, where trees or plants are raised and/or sold, including related storage of equipment for landscape contracting.

19.2.16b

Greenhouse, Non-Commercial -

A building, often artificially heated and/or cooled, used as a location for cultivating plants which are used by the grower and not sold as a commercial activity.

19.2.17

Hospital (Chronic Care); Long Term Health Care Facility -

An institution providing in-patient health, personal care, or rehabilitative services over a long period of time to persons chronically ill, aged, or disabled due to injury or disease and which is licensed by the State of Texas.

19.2.18

Hospital (Acute Care) -

An institution where sick or injured patients are given medical or surgical treatment intended to restore them to health and an active life and which is licensed by the State of Texas.

19.2.19

Household Care Facility -

A dwelling unit which provides residence and care to not more than nine (9) persons, regardless of legal relationship, who are elderly; disabled; orphaned, abandoned, abused, or neglected children; victims of domestic violence; or rendered temporarily homeless due to fire, natural disaster, or financial adversity; living together with not more than two supervisory personnel as a single housekeeping unit. (See also Household Care Institution,; Personal Care Home; and Continuing Care Facility)

19.2.20

Household Care Institution -

A facility which provides residence and care to ten (10) or more persons, regardless of legal relationship, who are elderly; disabled; orphaned, abandoned, abused or neglected children; victims of domestic violence; convalescing from illness; or rendered temporarily homeless due to fire, natural disaster or financial adversity, living together with supervisory personnel. (See also Household Care Facility, Personal Care Home and Continuing Care Facility)

19.2.21

Kennel -

Any lot or premises on which four (4) or more dogs, cats or other domestic animals more than four (4) months of age are housed or accepted for boarding, breeding, training, selling, grooming and/or bathing for which remuneration is received.

19.2.22

Library -

Any institution for the loan or display of books, tapes, objects of art or science which is sponsored by a public or responsible quasi-public agency and which institution is open and available to the general public.

19.2.23

Museum or Art Gallery -

An institution for the collection, display and distribution of objects of art or science and which is sponsored by a public or quasi-public agency and which facility is open to the general public.

19.2.24

Nursery School; Kindergarten -

A child care facility offering a program seven (7) hours or less per day for children who have passed their second birthday but who are under seven years old.

19.2.25

Nursing Home -

See Rest Home or Nursing Home.

19.2.26

Park, Playground, or Recreation Center (Public) -

An open recreation facility or park owned and operated by a public agency and available to the general public.

19.2.27

Park, Playground, or Recreation Center (Private) -

A privately owned park, playground, open space or building dedicated to recreational activities, maintained by a community club, property owner's association, or similar organization.

19.2.28

Personal Care Home (Custodial Care) -

An owner-occupied, home-operated non-licensed facility for the elderly providing custodial care to not more than three (3) individuals not related to the provider of such care. Custodial care is that type of care which assists elderly persons who are incapable because of physical or mental limitations of performing routine daily activities and which do not require the continuing attention of trained medical or paramedical personnel. (Also see Continuing Care Facility.)

19.2.29

Reserved for future use.

19.2.30

Race Track -

A facility used for the racing of motor-driven vehicles and/or animals.

19.2.31

Registered Family Home -

A child care facility that regularly provides care in the caretaker's own residence for not more than six (6) children under 14 years of age, excluding the caretaker's own children, and that provides care after school hours for not more than six (6) additional elementary school siblings of the other children given care, but the total number of children, including the caretaker's own, does not exceed twelve (12) at any given time. (Also see Child Care Center.)

19.2.32

Rehabilitation Care Facility -

A dwelling unit which provides residence and care to not more than nine (9) persons, regardless of legal relationship, who have demonstrated a tendency towards alcoholism, drug abuse, mental illness or antisocial or criminal conduct living together with not more than two supervisory personnel as a single housekeeping unit.

19.2.33

Rehabilitation Care Institution -

A facility which provides residence and care to ten (10) or more persons, regardless of legal relationship, who have demonstrated a tendency towards alcoholism, drug abuse, mental illness or antisocial or criminal conduct together with supervisory personnel.

19.2.34

Rest Home or Nursing Home -

A place of residence or care for persons suffering from infirmities of age or illness where care is provided on a prolonged or permanent basis. This term shall include a convalescent home.

19.2.35

School, Private (Primary or Secondary) -

An institution of learning having a curriculum equivalent to public schools but not including specialty schools such as dancing, music, beauty, mechanical, trade, or commercial schools.

19.2.36

School, Public (Primary or Secondary) -

An institution under the sponsorship of a public agency which offers instruction in the several branches of learning and study required to be taught in the public schools by the Education Code of the State of but not including specialty schools such as dancing, music, beauty, mechanical, trade, or commercial schools.

19.2.37

School, Trade or Commercial -

Establishments, other than public or parochial schools, private primary and secondary schools or colleges, offering training or instruction in a trade, art, or occupation.

19.2.38a

Stable, Commercial -

A structure housing horses which are boarded or rented to the public or any stable other than a private stable, but not including a sale barn, auction or similar trading activity.

19.2.38b

Stable, Private -

An accessory building set back from adjacent property lines a minimum distance of one hundred (100) feet and used for quartering horses, not to exceed one (1) horse per one and one half (1.5) acre area of a farm or lot.

19.2.39

Stadium or Playfield, Public -

An athletic field or stadium owned and operated by a public agency for the general public including a baseball field, golf course, football field or stadium which may be lighted for nighttime play.

19.2.40

Swimming Pool, Commercial -

A swimming pool with accessory facilities, not part of the municipal or public recreational system and not a private swim club, but where the facilities are available to the general public for a fee.

(Ordinance 1054 adopted 5/13/03; Ordinance 1425 adopted 2/4/19)

§ 19.3 Transportation, Utility, and Communications Uses.

19.3.1

Airport; Landing Field -

A place where an aircraft can land and take off, usually equipped with hangars, facilities for refueling and repair, and various accommodations for passengers and/or freight.

19.3.2

Electrical Substation -

A subsidiary station in which electric current is transformed.

19.3.3

Gas Metering Station -

Facility at which natural gas flows are regulated and recorded.

19.3.4

Heliport or Heliatop -

A landing facility for rotary wing aircraft which may include fueling or servicing facilities for such craft.

19.3.5

Public or Private Franchised Utility -

A utility such as one distributing heat, chilled water, closed circuit television, or similar service and requiring a franchise to operate in the City of Pottsboro. Such utility usually requires special facilities in residential areas or on public property such as heating, cooling, or communications.

19.3.6

Radio, Television, or Microwave Communications Operations, Amateur -

The transmission and retransmission, of radio, electromagnetic, or microwave signals for private or personal use and not for the purpose of operating a business and/or for financial gain.

19.3.7

Radio, Television, or Microwave Communications Operations, Commercial -

The transmission and retransmission, of radio, electromagnetic, or microwave signals primarily for the purpose of operating a business and/or financial gain.

19.3.8

Railroad Station -

Any premises for the transient parking of trains and the loading and unloading of passengers.

19.3.9

Railroad Team Track and Right-of-Way -

A facility/place for the loading and unloading of materials on trains.

19.3.10

Railroad Track and Right-of-Way -

Includes track and undeveloped right-of-way, but does not include railroad stations, sidings, team tracks, loading facilities, dock yards, or maintenance areas.

19.3.11

Service Yard of Governmental Agency -

An area for the servicing and storage of vehicles or other property of a governmental agency.

19.3.12

Shops, Office, and/or Storage Area of Public or Private Utility -

The pole yard, maintenance yard, and/or administrative offices of a municipality or franchised utility.

19.3.13

Solid Waste Transfer Station -

A facility and/or premises at which solid waste is temporarily deposited prior to ultimate removal to a permanent solid waste storage site.

19.3.14

Telephone Exchange -

A switching or transmitting station owned by a public utility but not including business offices, storage, or repair shops or yards.

(Ordinance 1054 adopted 5/13/03; Ordinance 1425 adopted 2/4/19)

§ 19.4 Automobile and Related Service Uses.

19.4.1

Auto Laundry -

See Car Wash.

19.4.2

Auto Leasing -

Storage and leasing of automobiles, motorcycles, and light load vehicles.

19.4.3

Auto Parts Sales (Inside) -

The use of any building or other premise for the display and sale of new or used parts for automobiles, panel trucks, vans, trailers, or recreational vehicles.

19.4.4

Auto Parts Sales (Outside) -

The use of any land area for the display and sale of new or used parts for automobiles, panel trucks vans, trailers, or recreation vehicles.

19.4.5

Automobile Repair, Major -

General repair or reconditioning of engines and air-conditioning systems for motor vehicles; wrecker service; collision services including body, frame or fender straightening or repair; customizing; overall painting or paint shop; vehicle steam cleaning; those uses listed under "automobile repair, minor"; and other similar uses.

19.4.6

Automobile Repair, Minor -

Minor repair or replacement of parts, tires, tubes, and batteries; diagnostic services; minor motor services such as grease, oil, spark plug, and filter changing; tune-ups; emergency road service; replacement of starters, alternators, hoses, brake parts; automobile washing and polishing; performing state inspections and making minor repairs necessary to pass said inspection; normal servicing of air-conditioning systems, and other similar minor services for light load vehicles, but not including any operation named under "automobile repair, major" or any other similar use.

19.4.7

Automobile and Trailer Sales, New -

Building(s) and associated open area other than a street or required automobile parking space used for the display or sale of primarily new automobiles, light trucks, and trailers, to be displayed and sold on premises, and where no repair work is done except minor reconditioning of the automobiles and trailers to be displayed and sold on the premises, and no dismantling of automobiles or trailers for sale or keeping of used automobile and trailer parts or junk on the premises.

19.4.8

Automobile and Trailer Sales, Used -

Building(s) and associated open area other than a street or required automobile parking space used for the display and sale of used automobiles, light trucks, or trailers in operating condition and where no repair work is done except the minor adjustments of the vehicles to be displayed or sold on the premises. A used car sales area shall not be used for the storage of wrecked automobiles or the dismantling of automobiles or the storage of automobile parts or junk on the premises.

19.4.9

Automobile Service Station -

A building or place arranged, designed, used, or intended to be used for the primary purpose of dispensing gasoline, oil, diesel fuel, liquefied petroleum gases, greases, batteries, and other automobile accessories at retail direct to the on-premise motor vehicle trade provided that the above services shall not be construed to include major overhaul, the removal and/or rebuilding of an engine, cylinder head, oil pan, transmission, differential, radiator, springs, or axles; steam cleaning, body or frame work, painting, upholstering and replacement of glass. If the dispensing or offering for sale of auto fuel at retail is incidental, the premises shall be classified as a public garage. Service stations shall not allow automobiles, which are inoperative or are being repaired to remain outside such service station for a period greater than seven (7) days.

19.4.10

Auto Storage -

The storage on a lot or tract of operable automobiles for the purpose of holding such vehicles for sale, distribution, or storage.

19.4.11

Automobile Wrecking Yard or Junk Yard -

Any building, structure, or open area used for the dismantling or wrecking of any type of used vehicles or the storage, sale, or dumping of dismounted or wrecked vehicles or their parts and accessories, including any farm vehicles or farm machinery or parts thereof, stored in the open and not being restored to operating condition, including the commercial salvaging, storage, and scraping of any other goods, articles, or merchandise.

19.4.12

Bus Terminal -

Any premises for the transient housing or parking of motor-driven buses and the loading and unloading of passengers.

19.4.13

Car Wash -

Facility or structure used to wash motorcycles, automobiles, and light load vehicles.

19.4.14

Parking Lot or Parking Garage, Automobile -

Area for parking light load vehicles.

19.4.15

Parking Lot or Parking Garage, Truck -

Area for parking heavy load vehicles.

19.4.16

Quick Oil Change Facility -

A business engaging in the changing of oil, oil filters, and the chassis lubrication of motor vehicles. All new oil shall be dispensed from drums and all old oil shall be kept in sumps until removed by pumper trucks.

19.4.17

Quick Tune-Up Facility -

A business engaging in engine adjustment and minor part replacement for motor vehicles, limited to spark plugs, condensers, spark plug wires, distributor caps, distributor points, PCV valves, air cleaners, fan belts and radiator hoses. Such a facility shall not repair or replace carburetors, starters, alternators, generators, radiators, water pumps, or other major engine parts, brake shoes, or mufflers.

19.4.18

Truck and Bus Leasing -

The rental of new or used panel trucks, vans, trailers, recreational vehicles, or motor-driven buses in operable condition and where no repair work is done.

19.4.19

Truck and Bus Repair -

An establishment providing major and minor automobile repair services to heavy load vehicles.

19.4.20

Truck or Motor Freight Terminal -

A building or area in which freight brought by motor truck is assembled and/or stored for shipping by motor truck.

19.4.21

Truck Sales -

Building(s) and associated open area other than a street or required automobile parking space used for the display or sale of primarily new heavy load vehicles, to be displayed and sold on premises, and where no repair work is done except minor reconditioning of the vehicles to be displayed and sold on the premises, and no dismantling of vehicles for sale or keeping of used vehicle parts or junk on the premises.

19.4.22

Truck Stop -

Any premises where heavy load vehicles are serviced, repaired, and/or where maintenance on such vehicles is undertaken and which includes facilities for dispensing fuels and other petroleum products directly into motor vehicles. Such premises may include the incidental sale of accessories or equipment for heavy load vehicles and similar commercial vehicles, overnight lodging accommodations, and/or restaurant facilities.

(Ordinance 1054 adopted 5/13/03; Ordinance 1425 adopted 2/4/19)

§ 19.5 Retail and Service Type Uses.

19.5.1a

Adult Entertainment Establishment -

Amusement enterprises offering activities and services distinguished or characterized by the depiction or describing of "Specified anatomical areas" or "specified sexual activities," as defined in the Zoning Ordinance of the City of Pottsboro. Such uses shall include but not be limited to the following:

(1)

Adult Arcade -

Any place to which the public is permitted or invited wherein coin-operated, slug-operated, or token-operated, or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time and where the images so displayed are distinguished or characterized by the depicting or describing of "specified anatomical areas" or specified "sexual activities" as defined in this ordinance.

(2)

Adult Bookstore -

A commercial establishment which has devoted a substantial or significant portion of its business to the sale, rental, or any form of consideration of any one or more of the following:

(a)

Books, magazines, periodical, or other printed matter, photographs, films, motion pictures, video cassettes, video tapes, or other video reproductions, slides, or other visual representations which depict or describe "specified anatomical areas" or "specified sexual activities," as defined in this ordinance; or

(b)

Instruments, devices or paraphernalia which depict "specified anatomical areas" or "specified sexual activities," or are designed for use in connection with "specified sexual activities."

(3)

Adult Cabaret -

A nightclub, bar, restaurant, or similar commercial establishment which regularly features:

(a)

Person or persons who appear in a state of nudity; or

(b)

Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities," including topless or bottomless dancer, exotic dancers, or strippers; or

(c)

Films, motion pictures, videocassettes, videotapes, or other video reproductions, slides, or other photographic or visual representations, which are characterized by the depiction of "specified anatomical area" or "specified sexual activities" as defined in this ordinance.

(4)

Adult Motion Picture Theater -

A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes or tapes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified anatomical areas" or "specified sexual activities" as defined in this ordinance.

(5)

Adult Theater -

A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the depiction or description of "specified anatomical areas" or "specified sexual activities" as defined in this ordinance.

(6)

Massage Parlor -

Any place where, for any form of consideration, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs as part of or in connection with any "specified sexual activity," or where any person providing such treatment, manipulation, or service related thereto exposes and "specified anatomical area."

(7)

Nude Modeling Studio -

Any place where a person who appears in a state of nudity, or displays and "specified anatomical area" is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration.

19.5.1b

Air Conditioning and Refrigeration Contractor -

A place from which a person performs design, installation, construction, maintenance, service, repair, alteration or modification of a product or of equipment in environmental air conditioning, commercial refrigeration, or process cooling or heating systems, under terms and conditions described in the Texas Air Conditioning and Refrigeration Contractor License Law, Vernon's Ann.Civ.St., art. 8861.

19.5.2a

Amusement, Commercial (Indoor) -

An establishment providing for activities, services and instruction for the entertainment, exercise and improvement of fitness and health of customers, clients or members but not including hospitals, clinics, massage parlors or arcades. Uses would typically include bowling alleys, ice or roller skating rinks, racquetball and handball courts, indoor tennis courts, weight lifting and nautilus facilities, exercise areas, swimming pools and spas, bingo parlors, martial arts, classrooms and/or practice areas, gymnasiums and indoor running or jogging tracks.

19.5.2b

Amusement, Commercial (Outdoor) -

An outdoor area or structure, open to the public, which provides entertainment or amusement for a fee or admission charge, including but not limited to batting cages, miniature golf, go-kart tracks and carnivals but excluding gambling devices.

19.5.3

Antique Shop -

A retail establishment engaged in the selling of works of art, furniture or other artifacts of an earlier period, with all sales and storage occurring inside a building.

19.5.4a

Arcade

(without gambling devices) - Any place to which the public is permitted or invited wherein four (4) or more coin-operated, slug-or token-operated, or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices, or skill machines, are located. Gambling devices are excluded.

19.5.4b

Arcade

(with gambling devices) - Any place to which the public is permitted or invited wherein gambling devices are located.

19.5.5a

Bakery and Confectionery, Retail Sales -

A place for preparing, cooking, baking and selling of products on the premises

19.5.5b

Bakery and Confectionery, Commercial -

A place for preparing, cooking or baking of products primarily intended for off-premise distribution.

19.5.6

Bank, Savings and Loan, Credit Union -

An establishment for the custody, loan, exchange or issue of money, the extension of credit, and/or facilitating the transmission of funds.

19.5.7a

Barber Shop -

A place where barbering, as defined in Texas Barber Act, Vernon's Annotated Civil Statutes (Vernon's Ann.Civ.St.), art. 8407, is practiced, offered, or attempted to be practiced, except when such place is duly licensed as a barber school or college.

19.5.7b

Barber School or College -

A place of training for practice of barbering, as defined in Texas Barber Act, Vernon's Ann.Civ.St., art. 8407, meeting standards established in Section 9 of said Texas Barber Act.

19.5.7c

Beauty Culture School; Cosmetology Specialty Shop -

A specialized place of training, as defined in the Cosmetology Regulatory Act, Vernon's Ann.Civ.St., art. 8451.

19.5.7d

Beauty Shop -

A place where cosmetology, as defined in the Cosmetology Regulatory Act, Vernon's Ann.Civ.St., art. 8451, is practiced.

19.5.8

Building Materials, Hardware Sales -

The sale of new building materials and supplies indoors with related sales for hardware, carpet, plants, electrical and plumbing supplies all of which are oriented to the retail customer, rather than contractor or wholesale customer.

19.5.9

Business Service -

Establishments primarily engaged in providing services not elsewhere classified to business enterprises on a fee contract basis including but not limited to advertising agencies, computer programming and software services, and office equipment rental or leasing.

19.5.10

Cabinet and Upholstering Shop -

An establishment used for the production, display and sale of furniture and soft coverings for furniture.

19.5.11

Cleaning and Dyeing, Small Plant or Shop -

A custom cleaning shop not exceeding five thousand (5,000) square feet of floor area or a pickup station.

19.5.12

Clinic, Medical or Dental -

A facility or station designed and used for the examination and treatment of persons seeking medical care as outpatients who do not remain on the premises overnight.

19.5.13

Convenience Store -

A retail establishment providing for the sale of food items, non-prescription drugs, small household items, and gifts. Gasoline and diesel fuel may be offered for sale provided they are not the primary source of income for the store and that no more than six (6) pumps are offered. Maximum size of the establishment will be no more than 2,500 square feet not including storage areas and administrative offices.

19.5.14

Custom Personal Service Shop -

Includes such uses as tailor, shoe repair, barber/beauty shop, health studio, or travel consultant.

19.5.15

Discount, Variety, or Department Store -

A retail store offering a wide variety of merchandise in departments and exceeding 7,000 square feet of floor area.

19.5.16

Feed and Farm Supply Store -

An establishment for the selling of food stuffs for animals and including implements and goods related to agricultural processes but not including farm machinery.

19.5.17

Flea Market -

A site where space inside or outside a building is rented to vendors on a short-term basis for the sale of merchandise. The principal sales shall include new and used household goods, personal effects, tools, art work, small household appliances, and similar merchandise, objects or equipment in small quantities. The term flea market shall not be deemed to include wholesale sales establishments or rental services establishments, but shall be deemed to include personal services establishments, food services establishments, retail sales establishments, and auction establishments.

19.5.18

Florist -

An establishment displaying plants, flowers, floral supplies, and similar items.

19.5.19

Food Store; Grocery Store -

An establishment that displays and sells consumable goods that are not to be eaten on the premises.

19.5.20

Furniture and Appliance Repair or Storage --

The storage, maintenance, or rehabilitation of appliances customarily used in the home including but not limited to washing and drying machines, refrigerators, dishwashers, trash compactors, ovens and ranges, kitchen appliances, vacuum cleaners, and hair dryers.

19.5.21

Furniture, Appliance Store -

Retail stores selling goods used for furnishing the home, including but not limited to furniture, floor coverings, draperies, glass and chinaware, domestic stoves, refrigerators and other household electrical and gas appliances.

19.5.22

Garden Center (Retail Sales) -

Location including land and buildings at which plants, trees, shrubs, horticultural supplies, and similar items are displayed for sale to the general public. All such displays shall be located behind the front yard line established in the district in which the garden center is located.

19.5.23

General Merchandise Store -

Retail stores which sell a number of lines of merchandise including but not limited to dry goods, apparel and accessories, furniture and home furnishings, small wares, hardware, and food. The stores included in this group are known as department stores, variety stores, general stores, and other similar stores.

19.5.24

Laboratory, Scientific or Research -

Facilities for research including laboratories, experimental equipment, and operations involving compounding or testing of materials or equipment.

19.5.25

Laundry and Cleaning, Self-Service -

An establishment including facilities for laundering and cleaning of clothing and similar items to be operated by the patron; not a commercial laundry or cleaning plant.

19.5.26

Massage Therapy Facility -

A place wherein a registered physical therapist or certified massage therapist treats patients.

19.5.26a

Metal Dealer, Secondhand -

A place of business in which a person purchases, gathers, collects, solicits or procures scrap metal or where scrap metal is gathered

19.5.26b

Metal Dealer, Crafted Precious --

A place of business in which a person engages in the business of purchasing and selling crafted precious metals, including jewelry, silverware, art objects, or any other thing or object made in whole or in part from gold, silver, platinum, palladium, iridium, rhodium, osmium, ruthenium, or their alloys, excluding coins and commemorative medallions, under terms and conditions found in Vernon’s Ann.Civ.St., art. 9009a.

19.5.27

Brew pub or micro-brewery --

A restaurant or other facility that manufactures alcoholic beverages including but not limited to beer, wine or liquor for either on-premises or off-premises retail and wholesale and consumption in quantities not considered industrial or large scale production as determined by the director of planning and zoning or designee.

19.5.28

Office Center -

A building or complex of buildings used primarily for conducting the affairs of a business, profession, service, industry, or government, or like activity that may include ancillary services for office workers such as a restaurant, coffee shop, newspaper, or candy stand.

19.5.29

Office, Professional or General Administrative -

A room or group of rooms used for the provision of executive, management, or administrative services. Typical uses include administrative offices and services including real estate, insurance, property management, investment, personnel, travel, secretarial services, telephone answering, and business offices of public utilities, organizations, and association but excluding medical offices.

19.5.30

Office - Showroom/Warehouse -

An establishment with a minimum of seventy-five percent (75%) of its total floor area devoted to storage and warehousing not accessible to the public. The remaining area may include retail and wholesale sales areas, sales offices, and display areas for products sold and distributed from the storage and warehousing areas.

19.5.31

Pawn Shop -

An establishment where money is loaned on the security of personal property pledged in the keeping of the owner (pawnbroker).

19.5.32

Personal Service Shop -

An establishment primarily engaged in providing services generally involving the care of the person or his apparel including but not limited to barber and beauty shops, dry cleaning and laundry pick-up stations and reducing salons/health clubs.

19.5.33

Pet Shop -

A retail establishment offering small animals, fish, or birds for sale as pets and where all such creatures are housed within the building.

19.5.34

Plumbing, Heating, Refrigeration, or Air Conditioning Business -

An establishment primarily engaged in the sales, service, or installation of equipment pertaining to plumbing, heating, refrigeration, or air conditioning. (Also see Air Conditioning and Refrigeration Contractor.)

19.5.35

Plumbing Service -

The operation of a business that involves only retail sales and off-premises service, installation, and repair of units and fixtures. The premises shall not include a workshop for repair or fabrication of parts, fixtures, or units. Sheet metal work of any type shall not be permitted. Storage shall be permitted for units and supplies incidental to retail sales, off-premises service and repair only. No outside storage shall be permitted. This section shall not be interpreted to allow a plumbing, heating, refrigeration, or air conditioning contractor or similar type wholesale operation.

19.5.36

Portable Building Sales -

An establishment which displays and sells structures which are capable of being carried and transported to another location, not including mobile homes or manufactured housing.

19.5.37

Post Office, Government or Private -

Local branch of the United States Postal Service or private commercial venture engaged in the distribution of mail and incidental services.

19.5.38

Print Shop -

An establishment which reproduces printed or photographic impressions including but not limited to the process of composition, binding, platemaking, microform, type casting, presswork, and printmaking.

19.5.39

Racquetball Facilities -

Courts housed in an acoustically-treated building and designed for one (1) to four (4) persons to play racquetball, plus subsidiary uses to include office, pro shops, locker rooms, sauna, exercise rooms, waiting area, child nursery, and related uses up to a maximum of forty percent (40%) of the total floor area.

19.5.40a

Restaurant or Cafeteria, With Drive-In or Drive-Through Service -

An eating establishment where service is primarily to customers at tables and not providing facilities for the consumption of food in automobiles on or near the restaurant premises but providing service to persons in cars.

19.5.40b

Restaurant or Cafeteria, Without Drive-In or Drive-Through Service -

An eating establishment where service is primarily to customers at tables and not providing facilities for the consumption of food in automobiles on or near the restaurant premises.

19.5.40c

Restaurant, With Drive-In Service -

An eating establishment where food or drink is primarily served to customers in motor vehicles or where facilities are provided on the premises which encourage the serving and consumption of food in automobiles on or near the restaurant premises.

19.5.40d

Restaurant, With Drive-Through Service -

An eating establishment which serves food only to persons in cars and which does not provide facilities for the consumption of food in automobiles on or near the restaurant premises.

19.5.41

Retail Stores and Shops -

Establishments offering all types of consumer goods for sale, not elsewhere classified, but excluding the display and sale in the open outside a building of new or used automobiles, heavy machinery, building materials, used appliances, furniture, or salvage materials.

19.5.42

Second Hand Store, Furniture or Clothing -

An establishment offering for sale used contemporary merchandise, with the storage and display of such items wholly contained inside a building or structure.

19.5.43

Service, Retail -

An establishment engaged in the selling and/or servicing of goods where a minimum of eighty percent (80%) of the floor area is devoted to service, repair or fabrication of such goods. The service area must not be accessible to the general public. Automotive uses and rental stores are specifically excluded.

19.5.44a

Sexually Oriented Business -

An Adult Entertainment Establishment (See subsection 19.5.1a)

19.5.44b

Shopping Center -

A group of primarily retail and service commercial establishments planned, constructed and managed as a total entity with customer and employee parking provided on-site, provision for goods delivery separated from customer access, provision of aesthetically appropriate design and protection from the elements.

19.5.44c

Tattoos and Body Piercing -

Any place where tattoos or body piercing as defined in the Texas Department of Health code, chapter 146 is performed.

19.5.45

Theater (Outdoor) -

An open lot with its appurtenant facilities devoted primarily to the showing of motion picture or theatrical productions on a paid admission basis to patrons seated in automobiles.

19.5.46

Tobacco, Vape and Head Shop -

Any retail establishment open to the public that generates 50% or more of its overall income from the sale of tobacco, vape, or marijuana substances or paraphernalia, items, equipment, or products commonly used, intended to be used, or commonly known to be used, for the ingestion, inhalation, preparation, or injection of tobacco, vape, marijuana, or any controlled substances.

19.5.47

Trailer, Manufactured Housing, or Mobile Home Display and Sales -

The offering for sale, storage, or display of trailers, manufactured housing, or mobile homes on a parcel of land but excluding the use of such facilities as dwellings either on a temporary or permanent basis.

19.5.48

Trailer Rental -

The display and offering for rent of trailers designed to be towed by passenger cars or other prime movers.

19.5.49

Washateria -

A building or place where clothes and linens are washed and thoroughly dried by the use of not exceeding three (3) employees and four (4) automatic single-family machines and where the operation of washing and/or drying and/or mangle machines is done exclusively by the customer on a self-service basis, and where the fuel and power for the heating of water and drying shall be smokeless and odorless. (See Laundry and Cleaning, Self-Service.)

(Ordinance 1054 adopted 5/13/03; Ordinance 1425 adopted 2/4/19; Ordinance 1494 adopted 11/6/2023)

§ 19.6 Manufacturing, Storage, and Warehousing Uses.

19.6.1

Bottling Works -

A manufacturing facility designed to place a product into a bottle for distribution.

19.6.2

Cleaning and Dyeing; Dry Cleaning Plant -

An industrial facility where fabrics are cleaned with substantially non-aqueous organic solvents. (Also see Cleaning and Dyeing, Small Plant or Shop, Section 19.5.11.)

19.6.3

General Commercial Plant -

An establishment other than a personal service shop for the treatment and/or processing of products as a service on a for-profit basis including but not limited to newspaper printing, laundry plant, or cleaning and dyeing plant.

19.6.4

General Manufacturing -

Manufacturing of finished products and component products or parts from the transformation, treatment, or processing of materials or substances, including basic industrial processing. Such operations must meet the performance standards, bulk controls, and other requirements in this ordinance.

19.6.5

Industrial Park -

A large tract of land that has been planned, developed, and operated as an integrated facility for a number of individual industrial uses, with special attention to circulation, parking, utility needs, aesthetics, and compatibility.

19.6.6

Junk or Salvage Yard -

A lot upon which waste or scrap materials are bought, sold, exchanged, stored, packed, disassembled, or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires and bottles. A "junk yard" includes an automobile wrecking yard and automobile parts yard. A "junk yard" does not include such uses conducted entirely within an enclosed building. (Also see Metal Dealer, Secondhand.)

19.6.7

Light Manufacturing -

Manufacturing of finished products or parts, predominantly from previously prepared materials, including fabrication, assembly, and packaging of such products, and incidental storage, sales, and distribution of such products, but excluding basic industrial processing.

19.6.8

Self-Storage, Mini-Warehouse -

A facility used for storage of goods and/or materials with separate access to individual storage units by persons renting the individual units.

19.6.9

Storage or Wholesale Warehouse, Light -

A building used primarily for the storage of goods and materials, containing less than 5,000 square feet of floor space.

19.6.10

Storage or Wholesale Warehouse, Heavy -

A building used primarily for the storage of goods and materials, containing more than 5,000 square feet of floor space.

19.6.11

Brewery/distillery -

The production of beer, wine and/or liquor at industrial quantities and internal large scale commercial distribution.

19.6.12

Concrete, asphalt batching plant ( temporary) -

A temporary concrete, asphalt batching plant is a manufacturing facility, specifically for concrete or asphalt, that is set up for a finite period as defined by City Council during a specific use hearing, typically for the duration of a specific construction project. These plants are designed to be easily moved or disassembled upon completion of the project.

(Ordinance 1054 adopted 5/13/03; Ordinance 1425 adopted 2/4/19; Ordinance 1509 adopted 7/14/2025)

§ 19.7 Accessory Uses.

19.7.1

Accessory Building or Use -

An accessory building or use is one which: (a) is subordinate to and serves a principal building or principal use; and (b) is subordinate in area, extent, or purpose to the principal building or principal use served and is not physically connected to the principal building. If connected to the principal building, a structure becomes part of the principal building; and (c) contributes to the comfort, convenience and necessity of occupants of the principal building or principal use served; and (d) is located on the same building lot as the principal use served. Storm shelters of any make, model or type, are considered to be accessory buildings and to have an accessory use.

19.7.2

Carport -

A structure open on a minimum of three (3) sides designed or used to shelter vehicles, not to exceed twenty-four (24) feet on its longest dimension.

19.7.3

Construction Yard (Temporary) -

A storage yard or assembly yard for building materials and equipment directly related to a construction project and subject to removal at completion of construction and subject to same restrictions as Field Office.

19.7.4

Field or Sales Office (Temporary) -

A building or structure, of either permanent or temporary construction, used in connection with a development or construction project for display purposes or for housing temporary supervisory or administrative functions related to development, construction or the sale of real estate properties within the active development or construction project. Permits for "temporary buildings" shall be issued for a period of time not to exceed eighteen (18) months. Extensions may be granted only by the City Council. Upon due notice and hearing by and before the City Council, any such permits granted may be revoked if the City Council finds the use of the building or structure is contrary to the intent of this section or results in increased noise, traffic, or other conditions considered to be a nuisance or hazard. (Also see Section 19.7.3 above.)

19.7.5

Customary Home Occupation -

An occupation, profession, domestic craft, or economic enterprise which is customarily conducted in a "residential dwelling" as hereinafter defined, subject to compliance with each of the following conditions:

"Residential dwelling" shall mean a detached building designed, used and occupied exclusively by members of one (1) family as a residence.

No person other than members of a family who reside in the residential dwelling shall be engaged in such occupation, profession, domestic craft or economic enterprise.

Such use shall be and remain incidental and subordinate to the principal use of the residential dwelling as a family residence and the area utilized for such occupation, profession, domestic craft, or economic enterprise shall never exceed twenty-five percent (25%) of the total of the floor area of the residential dwelling.

Not more than one (1) non-illuminated sign advertising the home occupation shall be allowed; said sign shall be not more than one (1) square foot in area and shall be mounted on the building in which the home occupation is being conducted.

The residential dwelling shall maintain its residential character and shall not be altered or remodeled in order to create any type of exterior commercial appeal.

No exterior storage of material, equipment, and/or supplies used in conjunction with such occupation, profession, domestic craft, or enterprise shall be placed, permitted, or allowed on the premises occupied by the residential dwelling.

No offensive noise, vibration, smoke, dust, odors, heat, or glare generated by or associated with the home occupation shall extend beyond the property line of the lot or tract on which the home occupation is being conducted.

The occupation, profession, domestic craft, or enterprise shall be conducted wholly within the residential dwelling and no accessory building shall be used in conjunction therewith.

The only equipment to be used in such occupation, profession, domestic craft, or enterprise shall be that which is ordinarily used in a private home in a like amount and kind.

A home occupation shall not generate such additional traffic as to create a traffic hazard or disturbance to nearby residents.

19.7.6

Garage, Private -

A detached accessory building or portion of the main building for the parking or temporary storage of automobiles of the occupants of the premises; if occupied by vehicles of others, it is a storage space.

19.7.7

through 19.7.30(Reserved)

19.7.31

Yard, front -

All the open area across the full width of the lot contained between the front property line of the lot and any portion of the full width of the main building.

19.7.32

Yard, rear -

All the open area between the rear lot line and the rear line of the main building and the side lot lines.

19.7.33

Yard, side -

All the open area between the full width of the main building and the side line of the lot and extending from the front yard to the required minimum rear yard.

(Ordinance 1054 adopted 5/13/03; Ordinance 1374 adopted 8/1/16; Ordinance 1430 adopted 6/3/19)